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Following is the speech (English translation) by the Secretary for Security, Mr Ambrose S K Lee, for the Resolution of Organized and Serious Crimes Ordinance (Amendment of Schedule 2) Order 2007 today (December 5):
Madam President,
I move that the motion, as printed on the Agenda, that is, the resolution to make the Organized and Serious Crimes Ordinance (Amendment of Schedule 2) Order 2007, be passed by this Council.
The United Nations Convention Against Corruption has come into force for China and become applicable to the Hong Kong Special Administrative Region. Most of the requirements of the Convention can be fulfilled by existing legislation and administrative measures. However, new legislative measures are required to better fulfill requirements concerning confiscation of proceeds of crime under the Convention.
Pursuant to Article 31 of the Convention, States Parties are required, to the greatest possible extent under their domestic legal systems, to adopt measures for the identification, tracing, freezing, seizure and the eventual confiscation of proceeds derived from bribery. Under our domestic legal framework, provisions for the freezing, seizure and confiscation of proceeds of crimes are provided for under the Organized and Serious Crimes Ordinance. The Government can apply to the court to exercise such powers to deal with proceeds derived from offences listed in Schedule 2 to the Ordinance.
Offences on "offering" bribes as defined under sections 4(1), 5(1), 6(1) and 9(2) of the Prevention of Bribery Ordinance are already included in Schedule 2 to the Organized and Serious Crimes Ordinance, whilst those on "soliciting or accepting" bribes as defined under sections 4(2), 5(2), 6(2) and 9(1) of the Prevention of Bribery Ordinance are not. Hence, the tool for the confiscation of proceeds under the Organized and Serious Crimes Ordinance is not available to the offences on "soliciting or accepting" bribes.
To better achieve the confiscation requirements under Article 31 of the Convention, the Chief Executive in Council has made the Organized and Serious Crimes Ordinance (Amendment of Schedule 2) Order 2007. Specifically, the Order adds the offences on "soliciting or accepting" bribes as defined under sections 4(2), 5(2), 6(2) and 9(1) of the Prevention of Bribery Ordinance to Schedule 2 to the Organized and Serious Crimes Ordinance. By so doing, the Government will be able to apply to the court for orders to freeze, seize and confiscate proceeds or property derived from these corruption offences on "soliciting or accepting" bribes.
A Subcommittee was set up by the Legislative Council in June 2007 to study the Order. On behalf of the Administration, I would like to thank the Subcommittee Chairlady, the Honourable Margaret Ng and other members for their valuable views and support for the Order. In response to the Subcommittee's request, the Administration wishes to re-affirm that the offences on "soliciting or accepting" bribes under sections 4(2), 5(2), 6(2) and 9(1) of the Prevention of Bribery Ordinance are the only corruption offences which need to be added to Schedule 2 of the Organized and Serious Crimes Ordinance for better achieving the confiscation requirements under the Convention.
I now invite Members to approve the making of the Organized and Serious Crimes Ordinance (Amendment of Schedule 2) Order 2007.
Thank you, Madam President.
Ends/Wednesday, December 5, 2007
Issued at HKT 14:49
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